Center for Arkansas Legal Services

View Original

Are you eligible for Veterans Administration (VA) benefits?

There are several ways you may qualify for many different types of Veteran’s Administration (VA) benefits.

Are you…

  • a uniformed Servicemember or Veteran?

  • or a spouse of one of those?

  • or a child, or parent of a deceased or disabled Servicemember or Veteran?


Who is a veteran according to the VA?

The answer is not as straightforward as you might think. Naturally, it is a person who served in active duty in the Army, Navy, Air Force, Marine Corps, Coast Guard, or Space Force and who was discharged or released under conditions other than dishonorable. It is also National Guard and Reserve members if they deployed on federal active duty for at least 180 days and received a discharge that was other than dishonorable. OR if they do not meet those requirements, that they served at least 20 years, and once again had a discharge that was other than dishonorable.

What qualifies as federal active duty?

First, for the reserves, it is important to note that reserve meetings, weekend duty, and training do not count toward veteran status. What does count is being called to active duty by the President or the Secretary of Defense for a total of 180 days.

With the National Guard federal active duty is during what is called “Title 10 call-ups.” Title 10 call-ups occur when the Guard is mobilized by the federal government to supplement U.S. troops. So, if they were activated and paid by the federal government that service time probably counts but time and service activated by the governor and being paid by the state probably does not. Once again, the total amount of time needs to be 180 days.

If that is you, may be entitled to the following…

  • Disability compensation - for a service-connected disability that; arose during service, was worsened, or aggravated by service, or is presumed by VA to be related to military service.

  • Pension - for wartime Veterans with limited or no income who are either aged 65 or older or who are permanently and totally disabled due to a non-service-connected cause. Seriously disabled or housebound Veterans receiving Pension may also qualify for an additional Aid and Attendance or Housebound benefit.

  • Education and Training - benefits to eligible Servicemembers and Veterans pursuing an approved education or training program.

  • Special life Insurance policies, home loans, or help with burial costs

  • Access to VA Health Care Services

  • Dependents and Survivors Benefits - Dependency and Indemnity Compensation (DIC) is available to an eligible spouse of a Servicemember who died during active military service or from a service-connected disability, or of a Veteran who was rated totally disabled at the time of death. Survivors’ Pension is a monthly benefit payable to a low-income surviving spouse and child(ren) of a deceased Veteran with wartime service.

If you believe you may qualify for VA benefits and wish to apply or learn about them, you can visit eBenefits at www.ebenefits.va.gov. Or if you prefer you can visit the nearest VA regional office, call 1-800-827-1000, or go to www.va.gov/benefits for more information. You may also reach out to a veteran’s service organization for assistance.

If you are low-income and believe you have wrongfully been denied benefits that you are due by the VA please reach out to the Center for Arkansas Legal Services Helpline at 501-376-3423 or attend one of our Veteran’s Legal Assistance Program clinics.

AUTHOR: JONATHAN HUTTO, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES